Mumbai: The Bombay High Court has granted bail to an accused in a kidnapping and murder case that was registered in 2016, observing that he had remained in jail for nearly 10 years without trial while the prosecution had failed to examine even a single witness.
In an order passed on Wednesday, justice RM Joshi allowed the bail application of the accused Rajendra V. More, noting that the State had provided no explanation for the prolonged delay in the trial.
More was arrested on March 3, 2016, in connection with a case registered at Bazarpeth police station in Kalyan, Thane district. He was booked under Sections 364A (kidnapping for ransom), 302 (murder), 201 (causing disappearance of evidence), 379 (theft) and 120B read with Section 34 of the then Indian Penal Code. The chargesheet in the case was filed in 2018, and the trial court framed charges the same year.
During the hearing, the high court noted that no prosecution witness had been examined since then. The court also asked the prosecution to explain the delay in the trial. An affidavit was subsequently filed by Babasaheb Bhaskar Dukale, police inspector (crime) at Bazarpeth police station, which, the court said, failed to provide any justification for the delay and instead appeared to blame the accused.
Rejecting this contention, justice Joshi said that an accused in custody cannot be held responsible for a delay in trial. The court also noted that ensuring the accused is produced before the court during the trial is the state’s responsibility.
Observing that there was “absolutely no explanation, much less any satisfactory explanation” for the prosecution’s failure to examine even a single witness for more than eight years after charges were framed, the court held that More’s continued incarceration without trial warranted bail.